Legal Opinion

Weyant v. City of New York

New York Supreme Court

Decided August 3, 1994PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Herbert Kramer, J.

ISSUES

1. Does the removal of a seat belt from a fire truck constitute negligence on the part of the City absent a statutory duty to provide seat belts in emergency vehicles?

2. Does the "fireman’s rule” preclude recovery where the fire truck was traveling to a relocation when it was involved in an accident?

FACTS

Defendants, Gregory E. Guest (hereinafter Guest) and the City of New York (hereinafter City), move, after a jury trial, to set aside the verdict as a matter of law (CPLR 4404), or alternatively ordering a new trial on both liability and damages, or…

2Cases cited24 opinions

  1. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  2. Spier v. BarkerNew York Court of Appeals · 1974
  3. Santangelo v. State of NYNew York Court of Appeals · 1988
  4. Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
  5. Mayflower Farms, Inc. v. Ten EyckSupreme Court of the United States · 1936

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3Cited by2 opinions

  1. Labrie v. Pace Membership Warehouse, Inc.Supreme Court of Rhode Island · 1996
  2. Geressy v. Digital Equipment Corp.District Court, E.D. New York · 1997

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